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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If you are buying a used car – you need to read this survival guide.
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      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

caro v YB - defence & counterclaim ***WON***

caro
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pjdudley69

pjdudley69

Posted
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Caro, empty your inbox hun :D lol

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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caro

caro

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I seem to do nothing but empty it these days I get so many PMs. There should be a bit of space now PJ.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

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Been so busy lately I have been a bit slow updating my own thread.

 

I replied to Ms Ross last week declining the offer and stating that I would only accept full unconditional payment. I also asked for a full schedule of charges as they just provided a summary, and I want to check it for accuracy so that I can amend my claim if necessary. Interestingly they think they have charged me more than I am claiming. I checked my figures but maybe I missed something and need to add it on.

 

Their offer was without prejudice unless I declined in which case they would show it to the court. I reminded Ms Ross in my letter that they would need my permission to do this (thanks for that one Zooman).

 

I also rang the court as I had not heard anything since I submitted my AQ, and apparently they are very behind due to internal problems there, and although they are catching up it is likely to be at least another 3 weeks before the judge looks at this and I get a date.

 

Looks like I still have a while to wait yet.:mad:

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

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Hope so, although Norvernrob already has a date for January so I dread to think how long it could go on.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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octron32

octron32

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Posted

caro if you used the spreadsheet from here right click on your clock bottom right goto adjust date/time change the date to sometime in january 2007 (or when you think you will get court date) press apply.

 

open the spreadsheet because it works on todays date your pc will think its jan 07 and give you the interest you will get.

 

dont forget to change date back to todays date.

 

hopefully the amount you will see will make your mind up to go get it all.

 

all the best

 

steve

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caro

caro

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Thanks Steve, but I am in no doubt that I will fight this as long as it takes to get every last penny. It is as much about the principle as the money, although I might give it a try out of interest (no pun intended).

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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tros

tros

Posted
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Caro

 

I have just issued my LBA's and YB removed my overdraft facility today. However I would like to start my own thread having read through yours. I am a bit of a dimwit when it comes to things like this but I think I have sussed it. My problem is that I have not registered under a sudonym. How do I correct this and how do I put the claim progress detail on the bottom of my messages

 

Sorry to be a pain but this is really bugging me now, I have tried everything!

 

Cheers

 

T xx

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caro

caro

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Go to the blue tool bar at the top and click on the link underlined in blue saying Yorkshire Bank and Clydesdale Bank. That will take you to, amongst other things, a button sayin New Thread. Press that and you are away.

 

For the stuff at the bottom click on User CP on the blue tool bar and then you will see a link to Edit Signature.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

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oh and pm me what you want your name changing to. Someone else wants a change too eh Jules.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...
caro

caro

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Just thought I would update you on my progress, or rather lack of it! I rang the court on Friday to be told that they were 5 and a half weeks behind in looking at AQ's but mine had been looked at that day and there was a months stay to try and settle. I told them that I was rather surprised at this as I had not agreed to it. I was told that I must have done or there would not be a stay. As I did not have my copy of the AQ in front of me I could not argue the point and thought I must have been mistaken.

 

Received the stay on Saturday, checked my AQ, and I had not agreed to this at all. There doesn't seem much point in asking for it to be removed because the time would probably be up before they got round to look at it, so I am going to write to the court, point out the mistake, and let them know that I will object to any extension of the stay. The stay is until Friday 13 October (unlucky for YB hopefully), but if it is not settled YB have been asked to comment on the points in my AQ, which I took from the template in the bank templates library. They have until 27th October to do this, and as I have asked the judge to consider standard disclosure, there comments might be interesting!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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rascal3103

rascal3103

Posted
Posted

i was hoping to see YB pay up when the AQ's went in and they realise people are not going to be bullied. I sent mine in today to Nottingham, hope mine isnt a 5 week delay.

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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caro

caro

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If you read other peoples threads you will realise that this crew will not pay up that easily. My court claim was submitted in June and is nowhere near settled yet, and Rachel who is claiming for her mum, was way before that.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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rascal3103

rascal3103

Posted
Posted

oh well, i came with nothing...........its like a gameshow, and YB are the crappy presenter.

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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caro

caro

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Don't get me wrong, you will win in the end, but you just need to be prepared to be patient and stick it out. Revenge will be that much sweeter when they finally pay up in full!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

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Thanks Jules. I needed to hear that at the moment. It is just so frustrating but it is great to have everyones support.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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rachel2609

rachel2609

Posted
Posted

Hey Caro

 

Behind you 100% as well, we must be the only 2 of the original lot to still be waiting I think!?! I have learnt the lesson that patience is indeed a virtue, even if it does drive you to distraction.

 

Everyday I am ringing my Mum, have you had any post, I must be like a broken record, but the waiting is frustrating, but as you say all the more sweeter when they finally pay whats owed.

 

Chin up!!!

 

RAchel

Doing this on behalf of my lovely Mum!!

 

LTSB No1 - £200+£31.70+£30 = £261.70 COURT DATE SET 8TH NOVEMBER 2006

LTSB No2 - £423 +£124.16+£80 = £627.16 DEFAULT JUDGEMENT GRANTED DUE TO NO SHOW FROM LTSB

Yorkshire - £498+£102.64+£80 = £680.64 COURT DATE TO BE ADVISED - ALLOCATED TO SMALL CLAIMS TRACK

Citi - £1600+£361.46+£120 = £2081.46 CHEQUE RECEIVED F&F SETTLEMENT 07.06.06

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caro

caro

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Cheers Rachel.:D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

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Aw thanks. I feel a warm glow from all the lurv. Thanks guys.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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maroonfox5

maroonfox5

Posted
Posted

If they did ,you have only 14 days to defend the counterclaim or they win by default.

 

Caro .....

 

Have sent you a message about this!.

 

Regards

 

MF5

Halifax Bank plc £1573 settled 19/6/ 06 :D

 

Abbey National PLC

Settled in full £1,754 15/9/06 :grin:

 

Halifax Credit Card £441.63 settled in full 27/10/06 :-)

 

 

Mortgage Express ERP

Pre letter 10/7/06

LBA 27/7/06

MCOL issued 6/9/06

Court Date Feb 06

Lost in court costs awarded £7,500PAYPAL bogieblizzard-buys@yahoo.co.uk

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